If you are a Vietnam veteran who was exposed to Agent Orange, you may be eligible for disability benefits, even if the Department of Veterans Affairs (VA) previously denied your claim. Thanks to a series of court decisions in the Nehmer class action lawsuit, veterans diagnosed with ischemic heart disease, Parkinson’s disease, chronic lymphotic leukemia, chronic B-cell Leukemia, hairy cell leukemia and other covered Agent Orange ailments, as well as their survivors, may be able to have previously denied claims reopened as Nehmer class members. Because of favorable effective date rules, some Nehmer claimants have been awarded retro-active benefits amounting to tens, and even hundreds, of thousands of dollars.

Because of Nehmer, the VA is currently going back and re-opening hundreds of thousands of Agent Orange claims. If your Agent Orange claim was denied and you want the VA to reopen your case, the veteran’s disability lawyers at Parker Waichman LLP are ready to assist you. To learn how our veteran’s disability lawyers can help you file a Nehmer Agent Orange claim, we urge you to contact us today for a free evaluation of your case.

The Nehmer Class Action Lawsuit

Agent Orange is the name for a blend of herbicides used on trees and vegetation that were believed to have provided cover for enemy forces. During the Vietnam War, millions of gallons of Agent Orange were dispersed onto the vegetation and trees throughout Vietnam, and many American troops were exposed to the toxic chemical’s harmful effects. However, the effects of Agent Orange exposure take many years to develop, and some veterans may just be developing symptoms of diseases connected with the chemical exposure.

In 1986, a group of veterans and their survivors filed a class action lawsuit, known as Nehmer, against the VA alleging their Agent Orange claims had been improperly denied. In 1989, a US District Court ruled in favor of the Class, and voided the VA’s benefit denials. As a result of the Nehmer decision, the VA has since readjudicated the prior claim decisions in which there were denials of service connection.

Veterans who successfully file Nehmer claims may be awarded substantial retro-active benefits. Among other things, the Nehmer decisions held that if the VA granted service connection, the effective date of the award would be the later of the following:

The date when the VA received the claim or, a date prior to September 25, 1985; or,

The date when the disability arose; or,

The day after discharge of the class member if the claim was received within one year of discharge from active service.

On October 13, 2009, the Secretary of the VA announced that hairy cell and other B cell leukemias, Parkinson’s disease, and ischemic heart disease would be added to the list of diseases that are presumptively associated with Agent Orange exposure. This law became effective on August 31, 2010, and the VA began readjudicating those claims later that year.

Who is Eligible for Agent Orange Benefits?

Veterans who have served in Vietnam between 1962 and 1975 or Korea between September 1, 1967 to August 31, 1971 are believed to have been exposed to Agent Orange. If they have developed a condition that the VA recognizes as being associated with the effects of Agent Orange, they or their survivors may be eligible for service-connected disability benefits.

Currently, the VA recognizes the following diseases as being associated with Agent Orange exposure:

Acute and Subacute Peripheral Neuropathy

AL Amyloidosis

Chloracne

Chronic B-cell Leukemias

Diabetes Mellitus (Type 2)

Hodgkin’s Disease

Ischemic Heart Disease

Multiple Myeloma

Non-Hodgkin’s Lymphoma

Parkinson’s Disease

Prophyria Cutanea Tarda

Prostate Cancer

Respiratory Cancer

Soft Tissue Sarcoma

Agent Orange Nehmer Claims Assistance

If you applied for Agent Orange compensation but were denied, our veteran's benefit lawyers can help you file a Nehmer claim for the benefits you deserve. To learn more about the legal remedies available to you, please fill out our online form, or call 1-800-YOURLAWYER (1-800-968-7529) today.

Jun 10, 2014

New York U.S. Rep. Dan Maffei has introduced a bill named for Vietnam vet Larry Hackett that would require the Department of Veterans Affairs to establish a task force on Agent Orange. The task force would recommend how to care for and compensate Vietnam vets and their children or grandchildren who develop Agent Orange-related illnesses and birth defects, Syracuse.com reports.
Among the diseases VA has determined are associated with Agent Orange exposure are amyloidosis, chronic...

May 13, 2013

Exposure to Agent Orange has now been linked by a new study to deadly forms of prostate cancer among U.S. military veterans.
Agent Orange, a chemical spray heavily used during the Vietnam War era to clear away jungle foliage, tended to be contaminated with dioxin, which is considered to be a chemical with strong potential for causing cancer.
As we’ve reported, during the Vietnam War, millions of gallons of Agent Orange were dispersed onto the vegetation and trees in the region, and many...

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